Section 51 in The Chennai Metropolitan Water Supply and Sewerage Act, 1978
51. Control over use, etc., of underground water in certain cases.
(1)Save as otherwise provided in section 50, the Board may, in the public interest and with the previous sanction of the Government, regulate, control and charge for existing or future extraction, conservation and use of underground water in any form for purposes other than irrigation, in the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area.(2)Any person desiring to sink a well or a tube well or to continue existing use of underground water in the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area for any purpose other than irrigation shall apply to the Board for the grant of a licence for the purpose and shall not proceed with any activity connected with such sinking or continue such existing use unless a licence has been granted by the Board.(3)Every application under sub-section (2) shall be made in such form and in such manner and shall contain such particulars as may be prescribed.(4)On receipt of an application under sub-section (1) if the Board is satisfied that it shall be in the public interest so to do, it may grant, subject to the payment of such fees as may be prescribed and subject to such conditions and restrictions as may be specified, a licence authorising the abstraction and use of the ground water:Provided that no person shall be refused a licence unless he has been given an opportunity of being heard.(5)In granting or refusing a licence under sub-section (2), the Board shall have regard to-(a)the purpose or purposes for which ground water is to be used;(b)the existence of other competitive users;(c)the availability of ground water;(d)the effect on other sources of water supply;(e)the compatibility with existing water supply system;(f)availability of factors controlling or preventing pollution.(6)The licence shall be in such form as may be prescribed.
